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Articles 1 - 30 of 96
Full-Text Articles in Law
Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon
Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
SEQRA, the New York State Environmental Quality Review Act, creates a process whereby public actions are reviewed with the intent to mitigate adverse environmental impacts. The SEQRA process has several flexible time constraints, which through negotiation, may be extended. Issues often arise due to the discrepancies between SEQRA’s imposed time limits and the time limits imposed on land use boards to make determinations about proposed projects. The question of which time limits apply was determined in Sun Beach Real Estate Corp. v. Anderson Beach. In that case, the court held that decisions, such as site plan approval deadlines, do not …
Of Solemn Oaths And Obligations: The Environmental Impact Of The Icj’S Decision In The Case Of The Gabcikovo-Nagymaros Project, Stephen Stec, Gabriel Eckstein
Of Solemn Oaths And Obligations: The Environmental Impact Of The Icj’S Decision In The Case Of The Gabcikovo-Nagymaros Project, Stephen Stec, Gabriel Eckstein
Faculty Scholarship
Chapter Extract:
The law of treaties often conjures up images of states as rotund gentlemen with whiskers, vests, and watch-chains proclaiming solemn and chivalric oaths upon their honour. Treaties are sacred in the same way that a man's word is his bond. This type of relationship among states is largely unquestioned since much of the way we live in the world depends upon the assumption of the inviolability of sovereign states and their treaties. Any challenge to these assumptions would surely evoke horror at the unmentionable void that would result-except in lawyers who make their livings shaving nuances. However, in …
Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver
Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver
Cornell Law Faculty Publications
The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on …
Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski
Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely
Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely
Faculty Publications
This article explores the concept of stare decisis from the escalation of commitment perspective. I argue that the theory of escalation of commitment provides a powerful tool that can be used in our understanding of the application of stare decisis . The literature on the use of precedent is extensive; however, this Article develops a new way of looking at case law development and stare decisis . In particular, the Article contemplates stare decisis as a decision-making process and then considers the academic literature in order that we may gain some insight into that process.
Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen
Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen
Publications
This Article critically examines the assumptions underlying the reform movement, and concludes that we should ease the rush to dismantle traditional, deterrence-based civil enforcement. While some of the underlying critiques of traditional enforcement have merit, they do not demonstrate that a wholesale shift to a primarily cooperative-oriented approach will improve compliance with environmental law. In fact, a deterrence based system of enforcement contains many attributes that are equally if not more essential to achieving compliance. Rather than discarding the current enforcement approach, we should move to a system of environmental enforcement that is grounded in deterrence theory but integrates the …
Assessment Of California's Largest Hazardous Waste Generators' Source Reduction Planning Efforts, California Environmental Protection Agency
Assessment Of California's Largest Hazardous Waste Generators' Source Reduction Planning Efforts, California Environmental Protection Agency
California Agencies
No abstract provided.
Wise Replacements For Nwp 26, Kim Diana Connolly, Virginia S. Albrecht
Wise Replacements For Nwp 26, Kim Diana Connolly, Virginia S. Albrecht
Other Scholarship
No abstract provided.
Environment (Summer 1998) - The Newsletter Of The California Environmental Protection Agency, California Environmental Protection Agency
Environment (Summer 1998) - The Newsletter Of The California Environmental Protection Agency, California Environmental Protection Agency
California Agencies
No abstract provided.
Resource Law Notes Newsletter, No. 44, Summer Issue, 1998, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 44, Summer Issue, 1998, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
Environmental Law At Maryland, No. 8, Summer-Fall 1998
Environmental Law At Maryland, No. 8, Summer-Fall 1998
Environmental Law at Maryland
No abstract provided.
Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown
Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
12 pages.
Recreation Management By The Blm: A Local Perspective, Ann Morgan
Recreation Management By The Blm: A Local Perspective, Ann Morgan
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
10 pages.
Public Issues In Parks And Recreation Activity In The 105th Congress, Barry S. Tindall
Public Issues In Parks And Recreation Activity In The 105th Congress, Barry S. Tindall
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
3 pages.
The New Challenge Of Outdoor Recreation, Roz Mcclellan
The New Challenge Of Outdoor Recreation, Roz Mcclellan
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
5 pages.
The User Fee Approach To Hunting And Fishing Finance: The “Teaming With Wildlife” Proposal, R. Max Peterson
The User Fee Approach To Hunting And Fishing Finance: The “Teaming With Wildlife” Proposal, R. Max Peterson
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
18 pages (includes color illustrations).
Contains footnotes.
Field Level Conflict Management In Outdoor Recreation, Arden Anderson
Field Level Conflict Management In Outdoor Recreation, Arden Anderson
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
16 pages.
Contains references.
Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management
Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
Co-sponsored by the Natural Resources Law Center and the Colorado Bureau of Land Management.
The conference will explore several components of the “promise and peril” of the ongoing outdoor recreation explosion. The conference will begin on the morning of June 8 with a series of introductory presentations designed to place the outdoor recreation movement in a useful historical and socioeconomic context. This material will be followed in the afternoon session by a discussion of environmental impacts of outdoor recreation, recognizing that the diversity and magnitude of impacts is as broad as the industry itself. This discussion will be followed on …
Environmental Impacts: The Dark Side Of Outdoor Recreation?, Scott G. Miller
Environmental Impacts: The Dark Side Of Outdoor Recreation?, Scott G. Miller
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
14 pages.
Contains 4 pages of references.
Outdoor Recreation And Natural Lands: The Gradual Unfolding Of Policy, Richard L. Knight
Outdoor Recreation And Natural Lands: The Gradual Unfolding Of Policy, Richard L. Knight
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
10 pages.
Contains 2 pages of references.
The Dilemma Of County And Municipal Open Space Programs: The Case Of Jefferson County, Colorado, Ron Holliday
The Dilemma Of County And Municipal Open Space Programs: The Case Of Jefferson County, Colorado, Ron Holliday
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
7 pages.
Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski
Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
17 pages.
Recreation As An Ally For Environmental Protection, Gary Sprung
Recreation As An Ally For Environmental Protection, Gary Sprung
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
10 pages.
Contains references.
Introduction To The Issue: Metropolitan Vantage Point, Paul Stanton Kibel
Introduction To The Issue: Metropolitan Vantage Point, Paul Stanton Kibel
Publications
No abstract provided.
Resource Law Notes Newsletter, No. 43, Spring Issue, Mar. 1998, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 43, Spring Issue, Mar. 1998, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
Indian Lands As Critical Habitat For Indian Nations And Endangered Species: Tribal Survival And Sovereignty Come First, Sandra B. Zellmer
Indian Lands As Critical Habitat For Indian Nations And Endangered Species: Tribal Survival And Sovereignty Come First, Sandra B. Zellmer
Faculty Law Review Articles
No abstract provided.
Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer
Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer
Law Faculty Articles and Essays
My environmental work has increasingly assumed an international dimension, an odd twist in a career that began with civil rights and poverty law, moved into teaching, and now is expanding into international trade and both international and domestic environmental law. The world of international environment and development lead inevitably to travel. My work in the past year has meant Honduras, Portugal, Spain, Ecuador, and Colombia--with Russia and perhaps China, Malaysia, and Thailand looming on the horizon. But last August when I arrived in Ulaanbaatar, the capital of Mongolia, and stood beside the statue of national hero and Marxist liberator Choibalsan, …
Programmatic Eis/Eir Executive Summary, Calfed Bay-Delta Program
Programmatic Eis/Eir Executive Summary, Calfed Bay-Delta Program
California Agencies
The CALFED Bay-Delta Program (CALFED Program) is charged with responsibility for the development of a long-term solution to fish and wildlife, water supply reliability, flood control, and water quality problems in the Bay-Delta Estuary. This Programmatic Environmental Impact Statement/ Environmental Impact Report (Programmatic EIS/EIR) evaluates this long term program.
Watershed Management Strategy. Draft Programmatic Eis/Eir Technical Appendix, Calfed Bay-Delta Program
Watershed Management Strategy. Draft Programmatic Eis/Eir Technical Appendix, Calfed Bay-Delta Program
California Agencies
No abstract provided.
Water Use Efficiency Component. Draft Programmatic Eis/Eir Technical Appendix, Calfed Bay-Delta Program
Water Use Efficiency Component. Draft Programmatic Eis/Eir Technical Appendix, Calfed Bay-Delta Program
California Agencies
No abstract provided.